Record Synopsis

Probate is the “court procedure by which a will is proved to be valid or invalid” and encompasses “all matters and proceedings pertaining to the administration of estates, guardianships, etc.”[1] Various types of records are created throughout the probate process. These may include, wills, bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. They may also include information about adoption or guardianship of minor children and dependents.

History

Probate records of South Carolina were kept by the secretary of the province prior to 1732, and were later kept by the courts of ordinary and probate courts of each county. Most of the original wills for the colonial period have not survived. Pre-Civil War probate files for Beaufort, Chesterfield, Colleton, Georgetown, Lancaster, and Orangeburg districts were destroyed. However, for the colonial period, dozens of South Carolina wills proved in the Prerogative Court of Canterbury in London, England have survived.

The following important events affected political / jurisdictional boundaries and record keeping.

1670 The first permanent English settlement was made at Albemarle Point (Charles Town).

1713-1719 The South Carolina region separated from North Carolina and became a royal colony. Records were kept in Charleston.

1769 Nine original judicial districts were established, but records were still kept in Charleston until 1780.

1788 South Carolina became a state. The state government was moved from Charleston to Columbia in 1790, although some functions remained at Charleston until after the Civil War.

1860 South Carolina was the first state to secede from the Union. The Civil War began there in 1861.

1868 South Carolina was readmitted to the Union. Districts were now called counties.

A brief history of the settlement of South Carolina and the resultant effects on record keeping can be found on Ancestry. ($)

A discussion of South Carolina Probate Records written by Johni Cerny and Gareth L. Mark for Red Book: American State, County, and Town Sources can be found at Ancestry. ($)

State Statutes

Understanding the South Carolina probate laws and how they changed over time can help us learn how the estate was administered, taxed, and distributed and might help to solve difficult genealogical problems.

Additional information about South Carolina state statutes relating to probate matters can be found at law libraries. Online digital versions of state statutes can often be found by conducting a search engine search for the term, "South Carolina statutes."

Repositories

Local

The county's judge of probate office has probate records of the counties and circuit court districts from 1785 to 1800 and probate records from 1800 to the present.

Regional

The South Carolina Department of Archives and History has microfilms or typescripts of probate records for many counties. These include wills, inventories, bills of sale, power of attorneys, bonds, notes, administrations, judgments, and sales records. They have placed Will Transcriptions for 1782 to 1855 online. Not all counties are included. Index searchable by name and the image is available.

Daughters of the American Revolution (South Carolina). South Carolina Name Index to Genealogical Records Collected by South Carolina Daughters of the American Revolution (DAR). Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1988, c1988. At various libraries (WorldCat), FHL Fiche 6052835 (102 fiche).

Brimelow, Judith M. and Wylma Anne Wates. South Carolina Will Transcripts, 1782-1868. Columbia, South Carolina: South Carolina Department of Archives and History, 1978-1979, c1980. At various libraries (WorldCat); FHL Film 1433922 Item 1 (31 films). Includes index. Some records are dark, torn and hard to read.

South Carolina. Probate Records, Bound Volumes, 1671-1977. South Carolina Department of Archives and History. Columbia. This collection includes wills, records of estates and guardianships recorded by the counties of South Carolina. Although the inclusive dates span a larger year range, most of the records fall between the year 1800 through 1930. Click here for a detailed description of this collection. View and browse images. Most volumes are individually indexed.

Proved in London

South Carolina wills and administrations proved in London have been abstracted and published multiple times. Each edition is listed here, as some are available online, while others are not. In addition, publishers included more detailed abstracts in some editions than others. The 2007 edition includes a place-name index that enables users to pluck out South Carolina references:

Coldham, Peter Wilson. English Estates of American Colonists: American Wills and Administrations in the Prerogative Court of Canterbury, 1610-1699. Baltimore: Genealogical Publishing Co., 1980. Digital version at Ancestry($). At various libraries (WorldCat).

Coldham, Peter Wilson. English Estates of American Colonists: American Wills and Administrations in the Prerogative Court of Canterbury, 1700-1799. Baltimore: Genealogical Publishing Co., 1980. Digital version of 1991 reprint available at Ancestry ($). At various libraries (WorldCat)

Coldham, Peter Wilson. English Estates of American Colonists: American Wills and Administrations in the Prerogative Court of Canterbury, 1800-1858. Baltimore: Genealogical Publishing Co., 1981. Digital version at Ancestry ($).

If you find a will abstact that interests you in Coldham's books, it is now possible to view digital images of the original Prerogative Court of Canterbury wills online at two United Kingdom pay-per-view websites:

Most of these references were taken from the Commissariat Court of Edinburgh (now the Sheriff Court of Edinburgh) and the Index to Personal Estates of Defuncts, 1846-1866. If you find a will abstact that interests you in Dobson's book, it is now possible to view digital images of the original records online at a United Kingdom pay-per-view website:

References

↑Name Search at Genealogical.com is a comprehensive name index to 638 books and CDs published or reprinted by Genealogical Publishing Company (now Genealogical.com). For a complete list of the works included, see Publications in Name Search at Genealogical.com